What to Know About Your Digital Legacy

In an increasingly digital world, it is essential to consider the legacy you leave behind after your life. Your digital legacy encompasses everything you've created and shared online, including your social media profiles, photos, emails, and other digital assets. Understanding how to manage this aspect of your life is critical for ensuring that your wishes are fulfilled and that your loved ones are cared for after you are gone. Here are several key points to consider when planning your digital legacy.

1. Assess Your Digital Assets

Start by taking stock of your digital assets. This includes online accounts, social media profiles, digital photos, documents stored in the cloud, cryptocurrencies, and any other digital footprint you've left. Keep a list of these assets, along with usernames, passwords, and any necessary access information. It's advisable to use a password manager to securely store this information.

2. Understand Account Policies

When you register for online accounts (typically check a box or clicking “I agree”) you acknowledge that you agree to the providers policies, known as TOSA (Terms of Service Agreements). Each of these platforms have varying policies related to deceased users. For example:

  • iTunes TOSA –There’s a lifetime lease on “purchased” songs/movies. So even if the deceased’s heir has the user’s permission or passwords, they might still be breaking the law by violating TOSA (i.e. heirs aren’t supposed to download or stream the purchased song/movie by the deceased.)

  • Yahoo TOSA – No Right of Survivorship and Non-Transferability. You agree that your Yahoo account is non-transferable and any rights to your Yahoo ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Social media giants like Facebook and Instagram allow users to memorialize accounts or delete them upon request. Familiarize yourself with the policies of each platform you use, as this will help you instruct your loved ones on how to proceed after your passing.

3. Create a Digital Will

Similar to a traditional will, a digital will outlines how you want your digital assets to be handled after your death. You can specify who inherits certain digital properties, how accounts should be managed, and whether or not to delete certain assets. Consult with a legal professional experienced in estate planning to ensure all aspects are legally sound and your wishes are enforceable.

4. Communicate Your Wishes

It's crucial to share your digital legacy plans with trusted family members or friends. Discuss your wishes openly and provide them with the necessary information to manage your digital accounts. This not only helps to ease their burden during a difficult time but also ensures your wishes regarding digital assets are honored.

5. Consider Privacy and Security

In the digital space, privacy and security are vital. Be mindful of sharing sensitive information in your will or with family members. Use secure methods to store and share account access information. Additionally, consider setting up 2-factor authentication for key accounts to protect your digital assets.

6. Update Regularly

Your digital legacy should not be static. Regularly review and update your list of digital assets, account access information, and your digital will. As the digital landscape evolves, new accounts and technology may emerge, while existing accounts may become irrelevant. Keeping your plans up to date ensures they remain relevant and accurate.

7. Seek Professional Guidance

Finally, consider seeking guidance from estate planning professionals who understand the nuances of digital inheritance. They can help create a comprehensive digital estate plan that aligns with your overall estate planning strategy, ensuring that all aspects of your life, including your digital legacy, are managed according to your wishes.

Your digital legacy is a crucial aspect of your overall estate planning. By understanding your digital assets, creating a digital will, communicating your wishes, and seeking professional advice, you can ensure that your online presence remains a true reflection of your life after you are gone. Taking these steps will help protect your digital identity and ensure your legacy is handled with care and respect.

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